(영문) 청주지방법원 2017.08.24 2017재가단10013

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자간(%)

(영문) 청주지방법원 2017.08.24 2017재가단10013

건물명도(인도)

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1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the plaintiff.

Reasons

1. According to the final and conclusive records of the protocol subject to quasi-deliberation, it is recognized that, on May 26, 2017, the Cheongju District Court 2017dan10840 case filed by the Plaintiff against the Defendant, the following conciliation (hereinafter “instant conciliation”) was established as of May 26, 2017, and the protocol subject to quasi-deliberation (hereinafter “the protocol subject to quasi-deliberation of this case”) was prepared.

prescribed provisions

1. The Plaintiff shall pay KRW 730,000 to the Defendant up to June 30, 2017.

2. By June 30, 2017, the Defendant shall reinstate and deliver to the Plaintiff, up to June 30, 2017, the attached drawings 1, 2, 3, 4, and 75.09 square meters in sequence of each point of (A) of the first floor of Seocho-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul.

3. The above paragraphs 1 and 2 shall be simultaneously implemented.

4. The Plaintiff issues a tax invoice to the Defendant for the rent borne by the Defendant in connection with the instant lease contract.

5. The Defendant shall bear public charges (such as water supply and electricity charges, etc.) for the said paragraph (2) on or before the date of ordering the order of the building ( June 30, 2017).

6. The plaintiff waives the remaining claims.

7. The costs of lawsuit and the costs of mediation shall be borne respectively;

2. Determination as to the legitimacy of the lawsuit for quasi-deliberation of this case

A. The Plaintiff’s assertion 1) At the time of the instant conciliation, at the time of the instant conciliation, the Defendant had expressed his/her opinion that he/she would surrender a building if he/she returns the amount of KRW 30,1460,000 (including value-added tax) calculated by subtracting the deposit amount of KRW 40,000 from the deposit amount of KRW 30,000 (including value-added tax) x 26 months. However, even though the Plaintiff did not become aware at the time of the instant conciliation, it was not paid KRW 2,420,00 for the two-month rent from April 2014 to May 30 of the same year, and as prescribed by the conciliation clause (3), if the Defendant had the name of the building by June 30, 2017, it should be calculated up to the same person.

3) Therefore, unpaid rent is 3,8720,00 won (=36,300,000 won from January 1, 2015 to June 2017), and 1210,00 won x (1210,000 won).

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